In Florida, the regulation of rent is primarily governed by FL Stat. § 125.0103. Florida preempts rent control. This law bans rent control throughout the state, allowing all landlords to set rent and increase it (with proper notice).
|Rent Control||None (State Ban)|
|Minimum Notice for Rent Increases||No Statute|
|Max. Late Fee||No Statute|
|Max. Bounced Check Fee||$25/$30/$40 or 5% of the check|
When Can a Landlord Increase Rent in Florida?
Generally, a landlord may not raise rent during the lease term in the state of Florida. Although some lease agreements contain language regarding increases in rental rates, a landlord will generally wait until the end of the term of the lease to raise the rent. If there is no provision in the lease for raising the rent, the landlord must wait until the end of the lease term to increase the rental rate. The landlord must also provide the tenant with a reasonable notice when there will be an increase in the amount of rent expected in the lease renewal.
When Is It Illegal to Raise Rent in Florida?
In the state of Florida, rental increases may not be used as a form of retaliation or discrimination.
According to the Federal Fair Housing Act, a landlord may not increase rent based on the age, race, religion, nation of origin, familial status, sexual orientation, military status, or disability status of the tenant.
Is There a Rent Increase Limit in Florida?
The state of Florida does not provide a limit to rent increases.
How Much Notice Is Needed for Raising Rent in Florida?
Although Florida legislation does not provide specific notification information for landlords seeking to increase rental rates, it is expected that these notices will be provided in accordance with termination notices.
If there is no lease, the landlord should provide a 7-Day Notice to a tenant renting week-to-week. The landlord should provide a 15-Day Notice to a tenant renting month-to-month.
The landlord should provide a 30-Day Notice to a tenant renting quarter-to-quarter and a 60-Day Notice to a client renting year-to-year (Fla. Stat. 83-57).
However, the Miami-Dade County Board of County Commissioners enacted a new ordinance which requires landlords to provide a 60 days’ notice when if they are increasing rent more than 5%.
These notices must be delivered personally or by mail.
For a FREE rent increase notice template, click here.
How Often Can Rent Be Increased in Florida?
The state of Florida does not legislate the number of times rent can be increased.
Laws Regarding Late Fees in Florida
Florida law does not regulate late fees. However, the lease should contain this information. If the lease, contains no information regarding late fees, one may not be imposed.
Laws Regarding Bounced Check Fees in Florida
A Florida landlord may add an additional fee to the outstanding rent if the tenant bounces his/her rent check. If the check is for $50 or less, the landlord may add a $25 service fee. If the check is for $51-$300, the landlord may add a fee of $30 for the bounced check. If the check exceeds $300, the landlord may add the greater amount of $40 or 5% of the amount of the check. (Fla. Stat. § 68.065)
Florida Cities With Rent Control
Although Florida legislation allows local governments to institute rent control measures when there is a housing crisis sufficient to create a menace to the public, rent control is initially only allowed for a period of one year. (Fla. Stat. § 83-57)
Such an ordinance must be approved by a public vote of the county, municipality, or governing entity issuing the measure and will automatically expire within one year. The expiring ordinance may not be extended, but may be replaced by a new ordinance that meets all of the required elements of the original ordinance
Any legal challenge to the rent control measure, places the burden of proof on the municipality seeking to control the rent. The governing body must be able to prove that the controls are necessary and proper to eliminate an existing housing emergency so dire that it constitutes a serious menace to the general public